Solis Labor Dept. Puts New Union Officer & Employee Report (LM-30) On Hold

On Thursday March 19, 2009, the Office of Labor Management Standards (OLMS) announced it would review the law and policy surrounding the 2007 revised LM-30 (Labor Organization Officer and Employee Annual Report). The "new" LM-30, developed under former Secretary of Labor Elaine Chao, substantially overhauled and expanded the 40 year old reporting requirements.

Under the new Secretary of Labor, Hilda Solis, OLMS announced a policy of "non-enforcement," meaning that parties can fulfill whatever reporting requirements they have under Section 202 of the Labor-Management and Reporting Disclosure Act (LMRDA), 29 U.S.C. § 432, using either the "old" or "new" LM-30 form. According to the March 19 announcement, "OLMS will accept either the old Form LM-30 or the new one for purposes of this non-enforcement policy. Both the old form and the new are available at http://www.dol.gov/esa/olms/regs/compliance/GPEA_Forms/blanklmforms.htm#new30

Note that reports for calendar year 2008 are due by March 31, 2009. However, due to the confusion regarding the LM-30 forms we anticpate OLMS will extend that deadline until May 31, 2009. For questions about whether you have any reporting obligations visit the OLMS web site or consult counsel.
JoeC (McGruff)

Former Labor Secretary Elaine Chao's article in May6th Wall Street Journal decrying Obama’s policy to stop using the LM-30 for union LMDRA compliance. Somehow, she manages to weave in an argument against the EFCA: the EFCA is misguided because employees don't want unions anyway. She cites a poll that purportedly finds that 81% of non-union members don’t want a union. But with a union density rate of 7%, it seems as though a lot of American workers want a union but can't get one. Chao is a Unionbuster her presence at the Dept will not be missed. She would have made a great commerce secretary but was out of her element at the DOL.

http://online.wsj.com/article/SB124157604375290453.html?mod=googlenews_wsj

JoeC (McGruff)